SAN JUAN, Puerto Rico - A Puerto Rico federal magistrate judge on June 24 recommended that a motion for conditional certification in a wage dispute against Avon Products Inc. be granted in part and that Avon's motion to strike be denied (Helen Rossello, et al. v. Avon Products, Inc., No. 14-1815, D. Puerto Rico; 2015 U.S. Dist. LEXIS 83388).
MADISON, Wis. - A police officer injured in a training exercise cannot succeed on most of his theories of negligence asserted against a tactical training company because he failed to provide an expert witness to prove negligence, a Wisconsin federal judge held June 26 in granting in part the training company's request for summary judgment (Todd A. Carlson v. Tactical Energetic Entry Systems, LLC, et al., No. 14-cv-248, W.D. Wis.; 2015 U.S. Dist. LEXIS 83117).
WASHINGTON, D.C. - The District of Columbia Circuit U.S. Court of Appeals on June 26 denied a petition to appeal class certification granted in suit over the alleged denial of long-term care alternatives to Medicaid recipients in the District of Columbia (In re: District of Columbia, a municipal corporation, No. 14-8001, D.C. Cir.; 2015 U.S. App. LEXIS 10849).
NEW YORK - In an electronic order, a federal judge in New York on June 25 unsealed a number of related reinsurance disputes and ordered that a consolidated complaint be filed (National Indemnity Company v. IRB Brasil Resseguros S.A., No. 15-cv-01165; National Indemnity Company v. IRB Brasil Resseguros S.A., No. 15-cv-02939; National Indemnity Company v. IRB Brasil Resseguros S.A., No. 15-cv-03310 and National Indemnity Company v. IRB Brasil Resseguros S.A., No. 15-cv-03975, S.D. N.Y.).
NEW ORLEANS - A Louisiana federal judge on June 25 allowed an industrial hygienist's asbestos-exposure testimony, over defense complaints that he lacked sufficient experience with mastics or adhesives. The judge previously admitted deposition testimony finding that an insurer's interests were represented by a predecessor in interest and said plaintiffs could raise challenges to defense experts in cross-examination (Sally Gros Vedros, et al. v. Northrop Grumman Shipbuilding Inc., et al., No. 11-1198, E.D. La.; 2015 U.S. Dist. LEXIS 82672).
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on June 23, in a ruling affirming the dismissal of a class complaint, declined to expand the coverage of the Song-Beverly Credit Card Act to online transactions (Michael Ambers, et al. v. Buy.com, Inc., No. 13-55953, 9th Cir.; 2015 U.S. App. LEXIS 10614).
MEMPHIS, Tenn. - A psychologist can testify about whether a fitness exam for an airport police officer was job related and consistent with business necessity but must wait until trial for a determination on whether the officer's supervisor acted in a reasonable and prudent manner by relieving the officer of duty and referring her for the exam, a Tennessee federal judge held June 25 (Rosalyn Small v. Memphis-Shelby County Airport Authority, et al., No. 2:13-cv-02437, W.D. Tenn.; 2015 U.S. Dist. LEXIS 82523).
SAN JOSE, Calif. - In conjunction with a recently filed motion seeking approval of their settlement of claims against Adobe Systems Inc. related to a 2013 data breach, the lead plaintiffs in a putative class action on June 24 filed a motion for attorney fees in California federal court in light of the pending settlement that they assert confers "a significant benefit" on millions of Adobe product users nationwide (In re Adobe Systems Inc. Privacy Litigation, No. 5:13:cv-05226, N.D. Calif.).
BOSTON - A professional engineer expert can testify about the design of a metal treestand that broke when a deer hunter stepped on it, sending the hunter falling to the ground, because the expert is sufficiently qualified and his testimony is relevant and reliable, a Massachusetts federal judge ruled June 23 (David Garfield v. Gorilla, Inc., et al., No. 13-12810, D. Mass.; 2015 U.S. Dist. LEXIS 81236).
NEW YORK - A New York federal court properly limited or excluded expert testimony for three defendants convicted of submitting false disability claims to the Long Island Railroad's (LIRR) Railroad Retirement Board (RRB) and properly allowed expert testimony by a government witness, the Second Circuit U.S. Court of Appeals held June 22 in affirming the convictions (United States of America v. Joseph Rutigliano, et al., Nos. 14-152, 14-759, 14-1339, 2nd Cir.; 2015 U.S. App. LEXIS 10425).
NEW YORK - A federal district court did not err in dismissing a securities class action lawsuit because the lead plaintiff failed to properly plead scienter and failed to show that a number of his claims were subject to equitable tolling, a Second Circuit U.S. Court of Appeals panel ruled June 23 (In re Magnum Hunter Resources Corp. Securities Litigation, No. 14-2581, 2nd Cir.; 2015 U.S. App. LEXIS 10530).
SAN FRANCISCO - A California federal magistrate judge on June 22 granted a motion to stay a class complaint accusing a credit-reporting agency of federal and state reporting act violations pending a decision in Spokeo, Inc. v. Robins (No. 13-1339, U.S. Sup.) (Sergio L. Ramirez v. Trans Union, LLC, No. 12-632, N.D. Calif.; 2015 U.S. Dist. LEXIS 80692).
TALLAHASSEE, Fla. - A trial court erred in ordering a hospital to produce confidential contracts between it and 37 health insurers, a Florida appeals panel ruled June 22, finding that the scope of the law under which the order was issued did not extend to such documents (Shands Jacksonville Medical Center Inc. v. State Farm Mutual Automobile Insurance Co., No. 1D14-2001, Fla. App., 1st Dist.).
SAN FRANCISCO - A California federal judge on June 22 granted final approval of an employment agency's $8.75 million payment to settle various wage claims filed by a class of temporary employees (Vera Willner v. Manpower Inc., No. 11-2846, N.D. Calif.; 2015 U.S. Dist. LEXIS 80697).
LOS ANGELES - The putative class plaintiffs in a suit alleging that e-cigarette manufacturer NJOY Inc. misrepresented the health effects of using its products lack standing, NJOY told a federal judge June 22, opposing a motion for class certification (In re NJOY Inc. Consumer Class Action, No. 14-00428-MMM, consolidated with No. 14-00427-MMM, C.D. Calif.).
FAYETTEVILLE, Ark. - A federal judge in Arkansas on June 19 denied a motion to sequence class and merits discovery in a securities class action lawsuit, ruling that staying discovery will lead to "further delays and complications" in the litigation (City of Pontiac General Employees' Retirement System v. Wal-Mart Stores Inc., et al., No. 12-5162, W.D. Ark.; 2015 U.S. Dist. LEXIS 79392).
PASADENA, Calif. - In a June 23 unpublished per curiam opinion, a panel of the Ninth Circuit U.S. Court of Appeals reversed a lower court's decision granting class action status in a case accusing a dietary supplement manufacturer of misleading consumers in violation of California's unfair competition law (UCL) as to the effectiveness of its product, saying the decision did not support a determination that all class members received the same alleged misrepresentation (Arleen Cabral v. Supple, No. 13-55943, 9th Cir.; 2015 U.S. App. LEXIS 10612).
TRENTON, N.J. - A New Jersey federal judge on June 19 denied a motion for summary judgment filed by the organizations responsible for sending faxed advertisements that allegedly violated the Telephone Consumer Protection Act (TCPA) (Physicians Healthsource, Inc., et al. v. Janssen Pharmaceuticals, Inc., et al., No. 12-2132, D. N.J.; 2015 U.S. Dist. LEXIS 79712).
FRANKFORT, Ky. - Three welders seeking unpaid wages failed to demonstrate that their proposed class should be certified, a split Kentucky Court of Appeals panel ruled June 19 (Richard Powell, et al. v. James Marine, Inc., et al., No. 2014-CA-001580-ME, Ky. App.; 2015 Ky. App. Unpub. LEXIS 457).
WASHINGTON, D.C. - After finding that litigation pending before Peruvian courts is outside the scope of its jurisdiction, a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on June 23 released its decision refusing to stay litigation filed by the Peru Ministry of Energy and Mines (Bear Creek Mining Corp. v. Republic of Peru, No. ARB/14/21, ICSID).
NEWARK, N.J. - After finding that a claim for violation of the Fair Debt Collection Practices Act (FDCPA) was time-barred and that it lacked jurisdiction over Truth in Lending Act (TILA) claims, a New Jersey federal judge on June 22 granted a bank's motion to dismiss (Loretta Thomas, et al. v. Wells Fargo Bank, N.A., et al., No. 15-871, D. N.J.; 2015 U.S. Dist. LEXIS 80863).
ST. LOUIS - A Missouri federal judge on June 19 granted in part and denied in part a motion to stay a class wage suit brought against a pizza chain pending the U.S. Supreme Court's decision in Bouaphakeo v. Tyson Foods, Inc. (765 F.3d 791 [8th Cir. 2014]) (William Timothy Perrin, et al. v. Papa John's International, Inc., et al., No. 09-1335, E.D. Mo.; 2015 U.S. Dist. LEXIS 79543).
INDIANAPOLIS - Dismissal of claims in a securities class action lawsuit is proper, a federal judge in Indiana ruled June 18, because the lead plaintiff's securities fraud claims "are simply too vague and attenuated to withstand the heightened pleading requirements" (Eva and Harold Baron, et al. v. Angie's List Inc., et al., No. 13-2032, S.D. Ind.).
NEW YORK - General Motors LLC (New GM) asked the federal judge overseeing the multidistrict ignition-switch litigation June 18 to issue an order requiring that pretrial discovery be used solely for litigation purposes, arguing that one of plaintiffs' co-lead counsel has used discovery material to "garner sensational press coverage" of the litigation (In re: General Motors LLC Ignition Switch Litigation, No. 14-md-02543, S.D. N.Y.).
ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on June 18 affirmed dismissal of a putative class action of borrowers against a bank and related entities, rejecting their claims that they were entitled to equitable tolling based on a previous state court action that involved the same claims against the bank (Deanthony Thomas, et al. v. US Bank NA ND, et al., No. 14-2265, 8th Cir.; 2015 U.S. App. LEXIS 10239).